March 20, 2018

Not all Social Security Disability lawyers take children’s social security disability cases. There may be many reasons for this, but one thing is for sure- claims for children are unlike adult disability cases. Selecting a lawyer with experience handling children’s claims for benefits can make the process smoother for you and your child. While the Social Security Administration (SSA) evaluates claims for both children and adults, the underlying question is very different. For adults, that question is “can you work”? We do not expect children to work, so how does the SSA evaluate them? This blog will briefly examine how the SSA analyzes children’s benefits claims. The SSA publishes disability guidelines called the Listing of Impairments. These guidelines set forth specific criteria for evaluating certain impairments to determine if they meet their definition of disability. Many children do not meet or equal these requirements to receive Supplemental Security Insurance (SSI) benefits. However, this does not mean that the claim is denied. The Social Security Administration will then look at six domains to determine if your child is disabled: Acquiring and Using Information Attending and Completing Tasks Interacting and Relating with Others Moving About and Manipulating Objects Caring for Yourself Health and Physical Well-Being A child’s limitations must be considered “marked” in two of these domains or considered “extreme” in one domain to be disabled. These domains can be a bit tricky, as you can see by their somewhat vague titles. Some of the domains relate to mental impairments while others relate more to physical impairments. One part of my job as a Social Security disability attorney is to help the SSA understand how your child’s limitations fit into a domain. A consistent, ongoing, and well-documented treatment record is needed to prove the persistence and severity of your child’s symptoms. Additionally, … Continued

January 6, 2016

If you have had a difficult time finding an attorney to represent you in your child’s claim for Supplemental Security Income (SSI) benefits, you may not be alone. When I speak to new clients in my Indianapolis Social Security disability law practice, they often tell me that many of the Social Security disability attorneys they had consulted simply do not take children’s cases. Some Administrative Law Judges have told me that children’s SSI cases can be more difficult to win than adult cases. In my experience, the chances of winning a child’s case are affected by the same factors that affect adults’ cases – we need good treatment records, statements from a treating physician supporting the claimant’s descriptions of his or her symptoms, and good preparation for the hearing. I take great pride in helping the families of disabled children, and I believe my experience with these cases helps to ensure that my clients have the best chance possible at a favorable outcome. One of the reasons some attorneys may be reluctant to accept children’s cases is that the Social Security Administration (SSA) uses different criteria in evaluating a child’s disability that it does when it evaluates an adult’s impairments. For example, Social Security has a separate Listing of Impairments for adults and children. Further, the SSA evaluates children’s and adults’ functional limitations using different frameworks. The main issue in an adult’s case is whether his or her disability is severe enough to prevent full-time work. Obviously, since children do not work, Social Security cannot analyze a child’s functional limitations in this manner. Instead, the SSA determines whether a child has “marked” limitations in at least two (or “extreme” limitations in at least one) of six areas of functioning Social Security calls “domains”: Acquiring and using information: the child’s ability … Continued

September 24, 2015

When a child turns eighteen, he or she becomes an adult under Social Security’s rules. Therefore, if you are receiving Supplemental Security Income (SSI) benefits for your child, you should be prepared for Social Security to re-evaluate your child’s medical condition once he or she turns eighteen. The Social Security Administration uses different criteria for children and adults when determining disability. First, Social Security has a separate Listing of Impairments for children and for adults. While many of the listings are substantially similar, the specific criteria for many of the listed impairments are different for adults than for children. Additionally, Social Security evaluates functional limitations quite differently between adults and children. For adults, Social Security determines the claimant’s “residual functional capacity;” that is, how much he or she is physically and mentally able to do in a work-like setting. The evaluators determine how much the claimant can lift; how long he or she can sit, stand, and walk; and whether he or she has any difficulties dealing with the mental demands of work. After determining a claimant’s residual functional capacity, Social Security determines whether a person with those abilities can work full time. If not, the claimant is disabled. For children, on the other hand, functional limitations are assessed by whether the child has “marked” or “extreme” limitations in certain domains of functioning including acquiring and using information, attending and completing tasks, interacting and relating with others, moving about and manipulating objects, caring for himself, and health and physical well-being. If a child is markedly impaired in two of those areas of functioning compared to other children his or her age, the child is disabled. Because the requirements change when a child becomes an adult, Social Security re-evaluates the child’s medical condition during the year prior to his or her eighteenth … Continued

March 6, 2015

In my Social Security disability practice, I meet many parents of children with special needs. They have heard that Social Security has a program for children with disabilities, but they do not know how to find out more about it. Here are some answers to some of the most common questions I hear from parents of disabled children. How do I know if my child meets the requirements for SSI? Qualifying for SSI is a two-step process. SSI, or Supplemental Security Income, is a needs-based program; therefore, your household must fall below a certain amount of income and resources to qualify at the first step. Unfortunately, there is no hard-and-fast number that I can say, “If you make XX amount of money, you are over the limit” because Social Security’s formula is more complex than that – it depends on the size of your household, your expenses, and the like. Similarly, there is a limit (currently $2,000 for a single person; $3,000 for a couple) on household resources (the value of the things you own), but there are exemptions for some things like your home and sometimes your vehicle. Really, the only way you can definitely determine whether you meet the income and resources limits is to talk directly to Social Security. Once you qualify financially, Social Security determines whether your child meets the medical requirements. This determination is much less black-and-white than the resources test. They look at your child’s medical records and determine how her impairments limit her ability to function in six different “domains”: Acquiring and Using Information, Attending and Completing Tasks, Interacting and Relating with Others, Moving About and Manipulating Objects, Caring for Yourself, and Health and Physical Well-Being. Is it best to work with a lawyer in the process? In theory, Social Security’s process is … Continued

November 26, 2014

Many claimants wonder what the timeline looks like for a Social Security disability claim from start to finish. The waiting time for a claim can depend on many factors and can vary greatly from case to case. Step 1: Initial Application In my experience, the average waiting time for a decision on the initial application is about 4 months, but this is only an estimate. This wait time can depend on multiple things. One factor is how quickly your medical providers respond to the Social Security Administration (SSA)’s requests for medical records. The SSA will request any relevant medical records from the medical providers you listed on your initial application. In my experience, the turnaround time for medical records can range from one week to a few months. Another factor that impacts the waiting time at this stage is how long it takes the SSA to obtain additional information it needs about your disabling conditions. This additional information can come in the form of consultative exams (one-time assessments by doctors who examine you on the SSA’s behalf) or questionnaires about your work history and your activities of daily living. Finally, the wait time can be longer or shorter based on the SSA’s current workload. Step 2: Request for Reconsideration In my experience, claimants wait approximately 3 months for a decision on a request for reconsideration, but this is only an estimate. The waiting time at this step has the greatest variation among my clients. Some clients receive a decision within a few weeks, especially if they have not received any additional medical treatment since they completed their initial application. Others wait months as their adjudicators work to obtain additional information, especially if the claimants have experienced big changes in their disabling conditions since completing the initial application. Usually this step simply entails a medical records update and … Continued

August 8, 2014

Many of the children I represent in claims for Supplemental Security Income (SSI) have been diagnosed with some type of learning disability. While Social Security Administration (SSA)‘s Listing of Impairments does not specifically address learning disabilities, its evaluation process does consider the effects of learning disabilities on a child’s ability to function. Some of the children I represent have learning disabilities related to mental impairments such as attention deficit hyperactivity disorder (Listing 112.11), mood disorders (Listing 112.04), anxiety disorders (Listing 112.06), or intellectual disabilities (Listing 112.05). Other children have learning disabilities that are less easy to categorize, so Social Security evaluates them differently. Once Social Security determines that a child’s impairments do not medically meet or equal one of its Listings, it then evaluates the child’s combination of impairments to see if he or she “functionally equals the listings.” If the child has marked impairments in acquiring and using information, attending and completing tasks, interacting and relating to others, moving about and manipulating objects, caring for himself, or health and physical well-being, Social Security may find the child meets its definition of disability. In order to show Social Security that your child is disabled, you first must show that he or she has a medically determinable impairment. Helpful evidence includes: Medical diagnoses and treatment notes Therapy/counseling notes Clinical test results Other medical findings Next, you must show how your child’s medically determinable impairments keep him or her from functioning at an age-appropriate level. Evidence of these limitations includes: Individual Education Plans (IEPs) School grades Results of standardized testing Evaluations and treatment notes from occupational and physical therapy or other types of rehabilitation School or day care discipline reports Written comments from teachers regarding the child’s ability to work at grade level, complete assignments, work without supervision, and behave appropriately in a classroom environment … Continued

January 7, 2014

If you have applied for SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income) I think it is a good idea to ask yourself whether you are receiving enough help from the Social Security Administration as your claim progresses. There can be many frustrating and confusing areas of Social Security disability law that the Social Security Administration (SSA) may or may not help you with. Many claimants in Indiana and nationwide do not realize they can hire an attorney or representative to answer many of their questions, help them with paperwork, and provide legal representation at their hearings on a contingency basis. What are some ways an attorney can help to make the Social Security disability appeals process easier for you? Filing paperwork on a timely basis – There are certain deadlines in Social Security disability cases, and while the SSA may notify you about these time constraints, they are probably not going to help you make sure that you meet them. An attorney or representative can help identify your limited time to appeal your claim and help you make sure you provide all the information the SSA has requested by the filing deadlines. Providing timely responses to your questions – Unfortunately for disability claimants SSA staff members are very busy. Social Security’s reduced hours and limited staff make it difficult for many claimants to receive a timely response to their questions or to even get a chance to speak to a field office worker. Have you ever sat on hold with a Social Security office for a very long time just to ask a very simple question? My staff and I strive to respond to our clients in a timely manner in order to answer questions they may have regarding their claim. We also follow up regularly with the … Continued

January 3, 2014

Social Security’s process for evaluating children with disabilities is a little different than its process for evaluating adults. However, building a successful case for either an adult or a child requires the same elements: a solid history of consistent medical treatment, strong evidence of difficulties in daily functioning, and lots of patience. Raising a disabled child can be expensive. Between medical treatment, prescriptions, and specialized education, footing all the bills can be difficult. You may be having difficulty holding a job because caring for your child causes you to miss a lot of work. If you have a disabled child and are struggling to pay bills, you may want to look into applying for disability for your child. Disabled children typically qualify for benefits under SSI (Supplemental Security Income). SSI is a needs-based program; Social Security will ask you about your household income and resources to determine whether you meet their financial guidelines. Once Social Security determines that a child’s household meets its financial criteria, it considers whether the child’s impairments meet Social Security’s definition of disability. A child may be found disabled due to physical conditions (such as asthma, diabetes, epilepsy, or heart defects), mental conditions (such as ADHD, autism, Tourette’s syndrome, or depression), or a combination of physical and mental impairments. The Social Security Administration (SSA) will first look to see if you child’s disability meets a listing in its Listing of Impairments – Children. If your child does not meet the specific criteria of a listing, Social Security will then evaluate whether he or she “functionally equals the Listings.” To do so, the SSA looks at your child’s ability to function in six different domains. “Domains” are broad areas of functioning used to evaluate whether your child can function at an age-appropriate level in all aspects of … Continued

November 21, 2013

Are you an Indiana resident who has been denied disability benefits? Are you unable to work due to your disability? If you are wondering whether it is worth your time to appeal the decision, the answer is most likely yes. If you are successful in appealing your claim, you will most likely be due back pay. The Social Security Administration (SSA) may owe you hundreds of dollars in back pay for your Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) claim. All the time you waited for a decision was not in vain. As a disability attorney in Indianapolis, I often get calls from my clients who are ecstatic because they just received a rather large check for disability compensation back pay. They now realize that it was worth all the frustration and waiting. I applied for Social Security Disability Insurance (SSDI). How much can I expect to get? For those applicants who are approved for SSDI, your back pay will most likely go back to the sixth full month after the date your disability began. However, the Social Security Administration (SSA) will determine exactly how far back your payments should go. It will depend on your application date and onset date (the date the SSA decides you became disabled). The amount of your monthly disability is based on your lifetime average earning covered by Social Security. You can use tools such as a benefit calculator to help determine how much you will get. What about back pay for Supplemental Security Income (SSI)? For those who are approved for SSI, your back pay has the potential to go back to your application date. Social Security may issue large past-due SSI benefits in up to three installments. There may be instances when the SSA can pay in a larger installment. A person who has certain debts related to food, clothing, shelter, medicine or medically necessary services may qualify. The whole process … Continued

October 30, 2012

Indiana children with learning disabilities may be entitled to Supplemental Security Income (SSI) benefits. A significant portion of my law practice is devoted to helping children and their families receive Social Security disability benefits. My staff and I take great pride in being able to explain the application and appeals process to parents of disabled children, and we make sure that they are fully prepared when it is time to appear at a hearing before a Social Security Administrative Law Judge. I have found that some other disability attorneys simply do not handle children’s cases, or they are unfamiliar with what it takes to win these claims. Some parts of children’s cases are the same as adult cases; for example, the appeals process has the same steps for adults and for children. However, other elements of children’s claims are quite different from adult claims, especially when it comes to showing how the claimant’s impairments are severe enough to be disabling under Social Security’s rules. Knowing what the Social Security Administration (SSA) is looking for in children’s cases can be the key to a successful outcome. In my experience as a disability attorney representing children and their families, I find it especially beneficial to submit certain types documentation of a child’s disabilities to the SSA. These records can include, but are not limited to: Medical records from treating physicians, especially specialists, who treat the child for any physical or mental impairments. Written statements from treating physicians concerning the severity of the child’s disabling condition Report cards IQ tests Individualized Education Program (IEP) or 504 Plans developed at the child’s school Written statements from teachers concerning the child’s academic progress and behavior Behavior reports, written progress reports, and other written correspondence from the child’s teacher For each of my clients, I request … Continued